beta
(영문) 수원지방법원 평택지원 2018.08.14 2017가단8772

사해행위취소 등

Text

1. The gift agreement concluded on June 2, 2017 between the Defendant and C with respect to the size of 154 square meters in Pyeongtaek-si D is within the scope of KRW 18,919,411.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) C, on July 16, 2009, extended a loan of KRW 20,000 on July 16, 2017 (hereinafter “instant loan”), and the Plaintiff jointly and severally guaranteed the loan.

(2) On June 2, 2017, C entered into a donation agreement with the Defendant on June 2, 2017 with respect to Pyeongtaek-si D, which was one’s sole property (hereinafter “instant real estate”), and completed the registration of ownership transfer on the 19th day of the same month due to the said donation.

The market price of the instant real estate is approximately KRW 400,000,000. The Defendant repaid KRW 123,213,289 of the secured debt of the right to collateral security, which was established on the instant real estate on August 23, 2017, after the transfer of the instant real estate.

(3) Upon C’s failure to repay the instant loan, the branch of the Skis Agricultural Cooperative Association demanded the Plaintiff to repay the said loan. The Plaintiff repaid the Plaintiff the total amount of KRW 20,911 on August 31, 2017, KRW 4,395,925, KRW 16,523,486, and KRW 20,919,411.

(4) Although the Plaintiff asserted that the Plaintiff paid additional KRW 2,00,00 on August 30, 2017 to the Defendant for the instant loan amounting to KRW 389,885, and KRW 280,00 on August 31, 2018, and KRW 6,040 on August 31, 2017, and KRW 526,963 on May 11, 2018, and KRW 1,202,888 on the aggregate of KRW 1,202,88 on May 11, 2018, the Plaintiff received KRW 2,00,00 from the account of KRW 3 on September 27, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 and 6, the purport of the whole pleadings

B. According to the above facts of determination, the Plaintiff has the right to indemnity against KRW 18,919,411 remaining after deducting KRW 2,00,000,000 paid by C from KRW 20,919,411 on behalf of C, and at the time of June 2, 2017, the Plaintiff’s claim for indemnity against C is created.